Corrections and Clarifications to the Export Administration RegulationsPDF format

This final rule amends the Export Administration Regulations (EAR) by correcting certain provisions of the Export Administration Regulations (EAR) that were amended in past rulemakings appearing in the Federal Register between November 5, 2007 and October 14, 2014. This final rule makes corrections to certain provisions to ensure consistency and clarity in the regulations. In addition, this final rule makes other corrections to the EAR to fix typographical errors to ensure that the regulations accurately reflect the revisions intended by these past rulemakings.

This rule revises six Export Control Classification Numbers (ECCNs) to clarify that they do not control certain basic parts, components, accessories and attachments because those basic parts, components, accessories and attachments are controlled in a new ECCN created by a rule published on July 1, 2014 to be effective on December 30, 2014. This rule also removes controls on certain monolithic microwave integrated circuit (MMIC) power amplifiers and discrete microwave transistors and related technology. These controls are no longer necessary because two other rules published after July 1, 2014, provide appropriate controls on those items. This rule also clarifies the application of "specially designed" to controls published on July 1, 2014 that would apply to printed circuit boards, populated circuit card assemblies and multichip modules to reduce the possibility of confusion. Finally, this rule revises three of the amendatory instructions in the final rule published on July 1, to avoid negating changes to the Export Administration Regulations that became effective after that date. The effective date of this rule is December 30, 2014.

This rule amends the Export Administration Regulations (EAR) to expand controls for national security reasons and responds to public comments solicited by a Bureau of Industry and Security (BIS) notice of inquiry regarding the proper export control classification of certain electronic commodities and a type of radar. Specifically, in this rule, BIS amends the EAR to expand national security controls on certain electronic commodities controlled on the Commerce Control List (CCL) and to limit license exceptions for these items. This rule also expands license requirements for exports and reexports to Hong Kong of items controlled for national security reasons.

79 FR 75044 12/17/2014

Expansion of the Microprocessor Military End-Use and End-User ControlPDF format

This rule expands the scope of § 744.17 of the EAR. In addition to the license requirements set forth elsewhere in the EAR, you may not export, reexport or transfer (in-country) microprocessors ("microprocessor microcircuits," "microcomputer microcircuits," and microcontroller microcircuits having a processing speed of 5 GFLOPS or more and an arithmetic logic unit with an access width of 32 bit or more, including those incorporating "information security" functionality), or associated "software" and "technology" for the "production" or "development" of such microprocessors without a license if, at the time of the export, reexport or transfer (in-country), you know, have reason to know, or are informed by BIS that the item will be or is intended to be used for a 'military end use' or 'military end user,' in a destination listed in Country Group D:1. In addition, this rule adds a prohibition on the use of license exceptions (including License Exception ENC) for transactions meeting these criteria.

79 FR 71014 12/1/2014

Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Lam Research Service Co., Ltd.PDF format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorization for Validated End User (VEU) Lam Research Service Co., Ltd. (Lam) in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to change two addresses for Lam's eligible facilities (also known as "eligible destinations"), remove two existing facilities, and add eight eligible facilities.

This rule revises the authority citation paragraphs for the Export Administration Regulations (EAR) that appear at the beginning of EAR parts 730, 734, 736, 742, 744 & 745 in the Code of Federal Regulations (15 CFR parts 730, 734, 736, 742, 744 & 745) so that those paragraphs will cite the most recent Presidential notice that on which authority for those parts is, in part, based. BIS is publishing this rule so that authority citations in the next annual CFR compilation will be up-to-date. This is a purely procedural rule that does not alter any right, obligation or prohibition that applies to any person under the EAR.

79 FR 67055 11/12/2014

Clarifications and Corrections to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)PDF format

This final rule makes clarifications and corrections to the interim final rule, Revisions to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML), that was publishedon May 13, 2014 (79 FR 27417). The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV – spacecraft and related items. New Export Control Classification Numbers (ECCNs) 9A515, 9B515, 9D515, and 9E515 created by the May 13 rule and existing ECCNs on the Commerce Control List (CCL) will control such items. The May 13 rule also revised various sections of the EAR to provide the proper level of control for the new ECCNs. The vast majority of the changes included in the May 13 rule have been implemented as published in the interim final rule, so those change are not republished in this final rule. A full description of those changes can be found in the Background section and the regulatory text of the May 13 rule. The changes included in this final rule are limited to corrections and clarifications to what was included in the interim final rule. These corrections and clarifications were also informed by comments received in response to the May 13 rule that included a request for comments. This rule also adds a clarification to § 758.6 of the EAR stating that compliance with 22 CFR 123.9(b)(1) is sufficient to satisfy the Destination Control Statement requirement for the EAR of shipments that include both items subject to the EAR and items subject to the International Traffic in Arms Regulations (ITAR). The May 13 rule, as well as today’s final rule, were and are published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls rule revising USML Category XV to control those articles the President has determined warrant control on the USML.

79 FR 66288 10/14/2014

Venezuela: Implementation of Certain Military End Uses and End Users License Requirements under the Export Administration RegulationsPDF Format

In response to the Venezuelan military's violent repression of the Venezuelan people, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) in this final rule to impose license requirements on the export, reexport, or transfer (in-country) of certain items to or within Venezuela when intended for a military end use or end user. This change complements an existing U.S. arms embargo against Venezuela for its failure to cooperate in areas of counterterrorism.

79 FR 61571 10/14/2014

Revisions to the Commerce Control List: Imposition of Controls on Integrated Circuits, Helicopter Landing System Radars, Seismic Detection Systems, and Technology for IR Up-Conversion DevicesPDF Format

In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to impose foreign policy controls on read-out integrated circuits and related "software" and "technology," radar for helicopter autonomous landing systems, seismic intrusion detection systems and related "software" and "technology", and "technology" "required" for the "development" or "production" of specified infrared up-conversion devices. The read-out integrated circuits and related "technology" are controlled under new Export Control Classification Numbers (ECCNs) on the Commerce Control List. An existing ECCN has been amended to control the related "software" for those items. New paragraphs have been added to certain existing ECCNs to control radar for helicopter autonomous landing systems, seismic intrusion detection systems, and the "technology," as mentioned, for specified infrared up-conversion devices. Specified existing "software" and "technology" ECCNs have been amended to apply to helicopter autonomous landing systems and seismic intrusion detection systems. The items are controlled for regional stability reasons Column 1 (RS Column 1) and Column 2 (RS Column 2), and antiterrorism reasons Column 1 (AT Column 1). The Departments of Commerce, State and Defense have determined that the items described in this rule have civilian applications but also warrant immediate controls under the EAR because of their potential military applications.

79 FR 59166 10/1/2014

Request for Public Comment on the Recordkeeping Requirements of the Export Administration Regulations PDF Format

The Bureau of Industry and Security (BIS) is seeking public comment on the recordkeeping requirements of the Export Administration Regulations (EAR). BIS is reviewing its requirements on record retention and record creation and is considering proposing revisions to such requirements. BIS seeks public comment on ways to improve the recordkeeping requirements of the EAR to reduce unnecessary burden, increase clarity, address changes in technology and data management, and maintain the tools necessary for compliance with and enforcement of the EAR. This advance notice of proposed rulemaking is part of BIS's retrospective regulatory review being undertaken pursuant to Executive Order 13563.

In this rule, the Bureau of Industry and Security (BIS) proposes to continue updating export controls under the Export Administration Regulations (EAR) consistent with the Retrospective

Regulatory Review Initiative that directs BIS and other Federal Government Agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, in this rule, BIS proposes to amend the EAR by removing the Special Comprehensive License authorization. This rule also proposes conforming amendments.

79 FR 55998 9/18/2014

Addition and Modification of Certain Persons on the Entity List; and Removal of Certain Persons from the Entity ListPDF Format

This rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-four entries to the Entity List. The twenty-eight persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These twenty- eight persons will be listed on the Entity List under the destinations of Afghanistan, Armenia, Australia, China, Greece, Hong Kong, India, Ireland, Pakistan, Singapore, United Arab Emirates (U.A.E.), and United Kingdom (U.K.). There are thirty-four entries for twenty-eight persons because two persons are listed under multiple countries, resulting in six additional entries. Specifically, the six additional entries cover one person in China who also has addresses in Hong Kong and one person in Pakistan who also has addresses in Armenia, Greece, India, the U.A.E., and the U.K. This final rule makes modifications to two existing entries on the Entity List to provide additional addresses and subordinates in those entries. This rule also removes three persons from the Entity List, as the result of a determination made by the End-User Review Committee (ERC).

79 FR 55608 9/17/2014

Russian Sanctions: Addition of Persons to the Entity List and Restrictions on Certain Military End Uses and Military End Users PDF Format

This final rule amends the Export Administration Regulations (EAR) to impose additional sanctions implementing U.S. policy toward Russia. Specifically, in this rule, the Bureau of Industry and Security (BIS) amends the EAR by adding ten entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destination of Russia. BIS is also amending the EAR to impose license requirements for items destined to Russia when those items are intended for a military end use or military end user.

This notice announces that the Bureau of Industry and Security (BIS) is initiating a foreign availability assessment pursuant to section 5(f) of the Export Administration Act of 1979, as amended (EAA). BIS's Office of Technology Evaluation (OTE) will oversee the assessment of the foreign availability in China of anisotropic plasma dry etching equipment. BIS is also seeking public comments on the foreign availability of this equipment in China related to: (1) Product names and model designations of anisotropic plasma dry etch equipment that are made in China and that are comparable to the U.S. anisotropic plasma dry etch equipment designed or optimized to produce critical dimensions of 65 nm or less; and within-wafer non-uniformity equal to or less than 10% 3σ measured with an edge exclusion of 2 mm or less. (U.S. dry etch equipment); (2) Names and locations of Chinese companies that produce and export indigenously-produced anisotropic plasma dry etch equipment comparable to U.S. dry etch equipment; (3) Chinese production quantities, sales, and/or exports of anisotropic plasma dry etch equipment comparable to U.S. dry etch equipment; (4) Data on U.S. imports of Chinese anisotropic plasma dry etch equipment comparable to U.S. dry etch equipment, and/or testing and analysis of such dry etch equipment; (5) Estimates of the economic impact on U.S. companies of the export controls on the U.S. dry etch equipment. Any tangible evidence to support the above information would also be useful to BIS in its conduct of this assessment.

79 FR 52958 9/5/2014

Implementation of Understandings Reached at the 2005, 2012, and 2013 Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG Intersessional Decision; Additions to the List of NSG Participating Countries; Correction.PDF Format

This final rule corrects certain errors in the August 7, 2014, Nuclear Suppliers Group (NSG) Plenary final rule (79 FR 46316) by: (1) updating contact information in the preamble of the NSG Plenary rule; (2) extending provisions of the "Saving Clause" in the preamble of the NSG Plenary rule for those frequency changers and generators that were added to ECCN 3A225 as a result of the removal of the "harmonic distortion parameter" that was in this ECCN prior to August 7, 2014; (3) amending Supplement No. 1 to part 740 of the EAR (Country Group A) to add Mexico under Country Group A:4 (Nuclear Suppliers Group); and (4) amending ECCN 6A203 by adding a paragraph .d to control "radiation-hardened TV cameras, or lenses therefor," that were inadvertently dropped from control under this ECCN by the NSG Plenary rule.

79 FR 48660 8/18/14

Corrections and Clarifications to the Export Administration Regulations; CorrectionPDF Format

This final rule make corrections to certain provisions of the Export Administration Regulations that were amended by two final rules appearing in the Federal Register on June 5, 2014 (79 FR 32612) and on May 13, 2014 (79 FR 27417). These two rules were drafted and finalized simultaneously, however they separately revised some of the same provisions of the Export Administration Regulations and certain language was either removed or changed inadvertently. This final rule corrects those provisions to accurately reflect the revisions made by both rules.

79 FR 46316 8/7/14

Implementation of Understandings Reached at the 2005, 2012, and 2013 Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG Intersessional Decision; Additions to the List of NSG Participating CountriesPDF Format

This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the 2005, 2012 and 2013 Nuclear Suppliers Group (NSG) Plenary meetings. Specifically, this rule amends certain entries on the Commerce Control List (CCL) to reflect changes in the Annex to the NSG “Guidelines for the Transfer of Nuclear Related Dual Use Equipment, Materials, Software and Related Technology” (the NSG Annex) based on the understandings reached at the aforementioned NSG Plenary meetings. This rule also amends the CCL to implement a decision adopted under the NSG intersessional silent approval procedures in December 2009. In addition, this rule amends the EAR to reflect the status of Croatia, Estonia, Iceland, Lithuania, Malta, Mexico and Serbia as participating countries in the NSG. Finally, consistent with the 2005 NSG understandings, this rule amends the export licensing policies in the EAR that apply to items that require a license for nuclear nonproliferation (NP) reasons, or as a result of certain nuclear end-users or end-uses, by adding an additional factor that must be considered by BIS when it reviews license applications involving such items, end-users, and/or end-uses.

79 FR 45675 8/6/14

Russian Oil Industry Sanctions and Addition of Person to the Entity ListPDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding United Shipbuilding Corporation, who is a Russian state-owned company that manufactures, among other things, ordnance and accessories, and is engaged in shipbuilding, repair, and maintenance. This person has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule also imposes controls on certain items for use in Russia’s energy sector intended for energy exploration or production from deepwater (greater than 500 feet), Arctic offshore, or shale projects.

This final rule revises the CCL to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2013 WA Plenary Meeting (the Plenary). However, BIS intends to publish a separate rule in September setting forth changes to the CCL resulting from the WA agreements for cybersecurity. The changes pertaining to the raising of the Adjusted Peak Performance in 4A003 will not take place until August 30, 2014. This rule also extends the controls on specified fly-by-wire source code software and technology until June 20, 2015, as BIS continues to negotiate for multilateral controls for this software and technology. This rule also removes the "X" under NS:2 and RS:2 for Mexico on the Commerce Country Chart, because of its recent membership in multiple multilateral export control regimes

79 FR 450888/4/14

Technical Amendments to the Export Administration Regulations: Update of Export Control Classification Number 0Y521 Series Supplement - Biosensor Systems and Related Software and TechnologyPDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing certain entries from the supplement that identifies those items subject to the EAR that are not listed elsewhere in the Commerce Control List (CCL), but which the Department of Commerce, with the concurrence of the Departments of Defense and State, has determined should be controlled for export for foreign policy reasons or because the items provide a significant military or intelligence advantage to the United States. Within one calendar year from the date that such items are listed in the supplement, BIS must reclassify the items under an entry on the CCL. Otherwise, such items automatically become designated as EAR99 items, unless BIS publishes a rule amending the supplement to extend the period in which the items will be listed therein. In accordance with this requirement, this rule removes references to biosensor systems and related "software" and "technology" from the supplement, because these items automatically became designated as EAR99 items on March 28, 2014, and the references to them in the supplement are now obsolete.

This rule amends the Export Administration Regulations (EAR) by adding sixteen persons under nineteen entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of Afghanistan, China, Hong Kong, Iran, and the United Arab Emirates (U.A.E.). There are nineteen entries for sixteen persons because three persons are listed under multiple destinations, resulting in three additional entries: one person in the U.A.E. has an address in Iran and two persons in China each have one address in Hong Kong.

This rule amends the Export Administration Regulations (EAR) by adding eleven persons under twelve entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of Crimea (Occupied), Russia, and Ukraine. There are twelve entries for the eleven persons on the Entity List because one person is being listed in multiple locations, resulting in an additional entry. Specifically, the additional entry covers one person that will be listed on the Entity List under the destination of Crimea (Occupied) and Ukraine.

79 FR 375517/01/14

Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Other Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML).PDF FormatPDF Format State Rule

This rule adds to the Commerce Control List electronic equipment that the President determined no longer warrants control on the United States Munitions List. It also adds development software and technology for certain wing folding systems and certain cryogenic and superconducting equipment to the CCL.

This notice seeks comments on the nature and extent of any civil end uses of microwave monolithic integrated circuit power amplifiers, discrete microwave transistors that will be controlled as "600-series" items in the BIS rule and bi-static / multi-static passive radar that will be controlled on the United States Munitions List. BIS will the comments to decide whether to propose to the Departments of State and Defense revisions to the controls on those items.

79 FR 361996/26/14

Addition of Certain Persons to the Entity List; and Removal of Person from the Entity List Based on Removal RequestPDF Format

This rule amends the Export Administration Regulations (EAR) by adding four persons under five entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of China and Hong Kong. There are five entries for four persons because one person is listed under multiple countries, resulting in one additional entry. Specifically, the one additional entry covers one person in China who also has an address in Hong Kong. In addition, this rule removes one person from the Entity List, as the result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with the EAR, and further review conducted by the End-User Review Committee (ERC).

The Bureau of Industry and Security (BIS) publishes this final rule to amend two supplements in the Export Administration Regulations (EAR), which contain lists of controlled crude oil and petroleum products (produced or derived from the Naval Petroleum Reserve (NPR)) and unprocessed western red cedar, respectively. These lists provide relevant Census Bureau Schedule B commodity numbers and associated commodity descriptions of these short supply commodities. Many of the Schedule B commodity numbers and associated commodity descriptions listed prior to publication of this rule in the two supplements are now obsolete. This rule updates the lists in the two supplements to remove obsolete descriptions and Schedule B commodity numbers, and to add relevant descriptions and Schedule B commodity numbers for these short supply commodities. This rule also clarifies the description of petroleum products in other sections of the EAR to ensure those references are current. This rule will not alter or otherwise affect BIS's current enforcement practice with respect to the EAR's controls on unprocessed western red cedar or crude oil and petroleum products.

Bureau of Industry and Security (BIS) published a final rule in the Federal Register on May 29, 2014 (79 FR 30713), amending existing authorizations in the Export Administration Regulations (EAR) for Validated End-Users (VEUs) Samsung China Semiconductor Co. Ltd. (Samsung China) and Semiconductor Manufacturing International Corporation (SMIC) in the People’s Republic of China. BIS is correcting an inadvertent typographical error in a citation included in the list of eligible items for SMIC in the May 29 final rule. BIS also makes a conforming change.

79 FR 342176/16/14

Export Administration Regulations (EAR): Addition of Certain Persons to the Unverified List (UVL) and Making a CorrectionPDF Format

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding twenty-nine (29) persons to the Unverified List (the ‘‘Unverified List’’ or UVL). The 29 persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government’s control. In addition, this rule reinserts a requirement for exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving persons listed on the UVL following that provision’s inadvertent removal from the EAR.

This rule amends the Export Administration Regulations (EAR) by adding twenty-six persons under thirty-one entries to the Entity List (Supplement No. 4 to Part 744). The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of China, Hong Kong, Lebanon and the United Arab Emirates (U.A.E.). There are thirty-one entries for twenty-six persons because five persons are listed under multiple countries, resulting in the additional five entries. Specifically, those five additional entries cover two persons in Lebanon who also have addresses in the U.A.E., and three persons in Hong Kong who also have addresses in China.

79 FR 326116/5/14

Corrections and Clarifications to the Export Administration Regulations; Conforming Changes to the EAR based on Amendments to the International Traffic in Arms RegulationsPDF Format

This final rule makes corrections and clarifications to the Export Administration Regulations (EAR) for six final rules published in 2013 and early 2014: Export Administration Regulations: Editorial Clean-Up of References to Foreign Trade Regulations published on January 29, 2014 (79 FR 4613); Control of Military Training Equipment, Energetic Materials, Personal Protective Equipment, Shelters, Articles Related to Launch Vehicles, Missiles, Rockets, Military Explosives, and Related Items published on January 2, 2014 (79 FR 264); Revisions to the Export Administration Regulations (EAR): Unverified List (UVL) published on December 19, 2013 (78 FR 76741); Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer published on October 4, 2013 (78 FR 61874); Revisions to the Export Administration Regulations: Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items That the President Determines No Longer Warrant Control Under the United States Munitions List published on July 8, 2013 (78 FR 40892); and Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform published on April 16, 2013 (78 FR 22660). This final rule also makes other needed technical corrections and clarifications to the EAR identified by BIS. In addition, this final rule makes two conforming changes to the EAR as a result of a final rule published by the Department of State on April 17, 2014 (79 FR 21616) titled Amendment to the International Traffic in Arms Regulations: Central African Republic.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise existing authorizations for Validated End-Users (VEUs) Samsung China Semiconductor Co. Ltd. (Samsung China) and Semiconductor Manufacturing International Corporation (SMIC) in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to change the address of the facility used by Samsung China. In addition, BIS adds a facility to the list of eligible destinations and an item to the list of eligible items for SMIC.

79 FR 300215/13/14

Revisions to the Export Administration Regulations Based on the 2013 Missile Technology Control Regime Plenary AgreementsPDF Format

This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2013 Plenary in Rome, Italy, and at the 2013 Technical Experts Meeting in Bonn, Germany. This final rule revises eight Export Control Classification Numbers (ECCNs) (1B102, 1B117, 1D001, 1D018, 1D101, 6A107, 9A101 and 9B106), adds one new ECCN (9A102) and lastly revises two defined terms (the definition of "payload" and "repeatability") to implement the changes that were agreed to at the meetings.

79 FR 274175/13/14

Revisions to the Export Administration Regulations(EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Final RulePDF Format

This interim final rule adds controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV—spacecraft and related items. New Export Control Classification Numbers (ECCNs) 9A515, 9B515, 9D515, and 9E515 created by this rule and existing ECCNs on the Commerce Control List (CCL) will control such items. This rule also revises various sections of the EAR to provide the proper level of control for the new ECCNs. This rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls rule revising USML Category XV to control those articles the President has determined warrant control on the USML. Both rules are part of the President's Export Control Reform Initiative. The revisions in this final rule are also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563.

This rule is being published as an interim final rule because the Departments of Commerce and State acknowledge that additional internal analysis of and industry input regarding the control threshold for various aspects of the amendments is warranted, particularly with respect to civil and commercial remote sensing satellites and civil and commercial space flight related items. The Departments did not want to wait until this review is done to publish this rule in final form because of the substantial national and economic security benefits that will flow from the various amendments to the controls on satellites and related items. This rule is effective June 27, 2014 except for amendatory instruction 8, which is effective July 1, 2014, and amendatory instructions 28–47, 49–50, 52, and 54, which are effective November 10, 2014. Comment Date: Comments must be received by November 10, 2014.

This rule amends the Export Administration Regulations (EAR) by adding nine persons to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destination of China.

This rule amends the Export Administration Regulations (EAR) by adding thirteen persons under fourteen entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of Cyprus, Luxembourg and Russia. There are fourteen entries to address thirteen persons because one person is being listed in multiple countries, resulting in an additional entry. Specifically, the additional entry covers one person in Luxembourg who also has an address in Russia

This rule amends the Export Administration Regulations (EAR) by adding one person under two entries to the Entity List. The person who is added to the Entity List has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under the destination of Crimea (Occupied) with a cross reference added under Ukraine.

79 FR 195524/9/14

Proposed Revisions to the Support Document Requirements of the Export Administration Regulations in Response to Executive Order 13563 Retrospective Regulatory ReviewPDF Format

This rule proposes changes to support documents required to be submitted for license applications under the Export Administration Regulations (EAR) and changes to the Bureau of Industry and Security's (BIS's) role in issuing documents for the Import Certificate and Delivery Verification system. This proposed rule would remove the requirement to obtain an International Import Certificate or Delivery Verification in connection with license applications, require a Statement by Ultimate Consignee and Purchaser for most license applications previously requiring an International Import Certificate, and increase the license application value requirement for obtaining a Statement by Ultimate Consignee and Purchaser. In addition, BIS would cease issuing U.S. Import Certificates or Delivery Verifications for imports into the United States. Finally, this rule revises the structure and description of support document requirements to improve clarity. BIS is proposing these changes in response to public comments received in response to BIS's notice of inquiry on retrospective regulatory review being undertaken under Executive Order 13563.

79 FR 166643/26/14

Implementation of the Understandings Reached at the June 2013 Australia Group (AG) Plenary Meeting and the December 2012 AG Intersessional Decisions.PDF Format

This rule amends the Export Administration Regulations (EAR) to: (1) implement the understandings reached at the June 2013 plenary meeting of the Australia Group (AG); (2) implement the recommendations presented at the AG intersessional implementation meeting, in December 2012, and adopted pursuant to the AG silent approval procedure; (3) reflect the addition of Mexico as a participating country in the AG following the 2013 AG Plenary meeting; (4) revise the "sample shipments" provisions in License Requirement Note 1 of ECCN 1C350 (Precursor chemicals) by changing the reporting requirement from quarterly to annual; (5) reflect the recent addition of Somalia and Syria as States Parties to the Chemical Weapons Convention (CWC); and (6) add a License Exception STA paragraph to the license exceptions section of ECCN 1C351 to clarify the existing eligibility requirements for certain items controlled under this ECCN. In order to maintain consistency between the EAR and the Chemical Weapons Convention Regulations (CWCR) (15 CFR parts 710-721), with respect to those countries that are identified as States Parties to the CWC, this rule also updates Supplement No. 1 to part 710 of the CWCR (States Parties to the CWC) by adding seven countries.

This rule revises the authority citation paragraphs for the Export Administration Regulations (EAR) that appear at the beginning of EAR parts 730 and744 in the Code of Federal Regulations (15 CFR parts 730 and 744) so that those paragraphs will cite the most recent Presidential notice on which authority for the EAR is, in part, based. BIS is publishing this rule so that authority citations in the next annual CFR compilation will be up-to-date. This is a purely procedural rule that does not alter any right, obligation or prohibition that applies to any person under the EAR.

This proposed rule clarifies the responsibilities under the Export Administration Regulations of parties involved in export transactions where the foreign principal party in interest is responsible for the transportation out of the United States of items subject to the EAR, commonly referred to as routed export transactions. To enhance clarity, this proposed rule would remove the defined term Routed Export Transaction from the EAR and create a new term to better define certain transactions of particular interest to BIS, specifically a Foreign Principal Party Controlled Export Transaction, which is a transaction where a foreign principal party in interest, who is responsible for the export of items subject to the EAR, also assumes the authority and responsibility for licensing requirements. This proposed rule also would refine certain procedures for creating a Foreign Principal Party Controlled Export Transaction. Comments on the rule are due by April 7, 2014.

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to harmonize it with revisions made to the Census Bureau’s Foreign Trade Regulations (FTR)by correcting citations, nomenclature, and procedures set forth in the EAR.

79 FR 221/2/14

Revisions to the Export Administration Regulations: Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items That the President Determines No Longer Warrant Control Under the United States Munitions List; Final Rule; CorrectionPDF Format

This rule corrects a final rule that appeared in the Federal Register of July 8, 2013 (78 FR 40892), which becomes effective on January 6, 2014. That rule adds to the Export Administration Regulations (EAR) controls on military vehicles, vessels of war, submersible vessels, oceanographic equipment, auxiliary and miscellaneous equipment, and related items that the President has determined no longer warrant control on the United States Munitions List.

This rule will add to the Commerce Control List certain energetic materials, personal protective equipment, shelters, military training equipment, articles related to launch vehicles, missiles,rockets, military explosives, and related items that the President has determined no longer warrant control on the United States Munitions List (USML). The rule was published simultaneously with a Department of State rule that will revise the categories on the USML that currently cover these items. Both rules will become effective on July 1, 2014.